It is the case of the petitioner that he has got a share in the property at No.1, Sagab Saheb Taikal Street, Thanjavur and that when he wanted to remove the seemai karuvelam trees, his brothers, namely, the respondents 2 and 3 are preventing the petitioner. Therefore, the petitioner has given a representation dated 27.02.2017 and has filed the present petition seeking police protection.
2. On instructions, the learned Government Advocate submitted that the complaint dated 27.02.2017 given by the petitioner to the Inspector of Police, Thanjavur East Police Station is under enquiry.
3. Heard the learned counsel for the petitioner and the learned Government Advocate for the first respondent.
4. At the time of hearing, Mr.S.Raju Prabhu, learned counsel intervened on behalf of the respondents 2 and 3 and contended that the petitioner is attempting to take possession of the property in the guise of cutting karuvelam trees.
5. Per contra, the learned counsel for the petitioner strongly refuted the allegations.
6. A Division Bench of this Court has issued directions to the State of Tamil Nadu to remove seemai karuvelam trees on a war footing. Pursuant to which, the administrative authorities are working tirelessly to remove those trees. In this case, however, there are civil dispute pending between the petitioner and his brothers and therefore, this Court cannot give any finding with regard to the title to the property in dispute. However, if seemai karuvelam trees are there in the said property, the same has to be removed. Therefore, this Court directs the police to afford protection to the petitioner and the respondents 2 and 3 for the limited extent of cutting seemai karuvelam trees. This order cannot be construed as recognition of title and possession to the property of either of the parties, as those aspects have to be decided only by the competent civil Court.
With the above direction, this criminal original petition is disposed of.
To:
1.The Inspector of Police, East Police Station, Thanjavur District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai..